Department of Safety and Professional Services
IN THE MATTER OF RULEMAKING PROCEEDINGS BEFORE THE
DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES
PROPOSED ORDER OF THE DEPARTMENT OF SAFETY
AND PROFESSIONAL SERVICES
ADOPTING RULES
(CLEARINGHOUSE RULE 15-041)
ORDER
An order of the Department of Safety and Professional Services to repeal SPS 320.07 (34m), (67), and (67m), 320.085, 320.09 (5) (d), 320.24 (2) Table 320.24–8, 321.02 (3) (g) 1., 321.125 (3) (a) 2. (Note) and (b), 321.126, 321.28 (3) (a) (Note) [2] and (b), 322.01 (3) (Note), 322.20 (6), 322.31 Table 322.31–4 (Note), and 322.38 (2) (c) 4. (Note);
to renumber SPS 321.02 (1) (b) 1. Table 321.02, 321.10 (2) (f), 321.25 (3) (intro.), (a), and (b), 322.01 (3), 322.32 (1), 322.32 (9), 323.04 (4), 323.045 (5) (a), 323.045 (6) (a), and 323.14 (1);
to renumber and amend SPS 320.24 (2) Table 320.24–2, 321.02 (1) (d), (title), and (Note), 321.04 (3) (a) 4. c. and (b) 1., and (4) (c) 1. and 2., 321.045 (4) (c), 321.05 (2) (a) and (3) (intro.) to (d) and (e), 321.12, 321.15 (1) (e) 2., 321.28 (7) (c), 322.33 (1), 322.38 (1) (b), 323.045 (6) (a) (intro.), 323.14 (2) (a), 325.01 and SPS 320 to 325 Appendix, Minimum Fastener Schedule Table;
to consolidate, renumber, and amend 321.02 (3) (g) (intro.) and 2.;
to amend SPS 320.07 (5), (34f), (47), (50), (62) (intro.), and (66), 320.09 (5) (b) 2. d. and (6) (d), 320.24 (1), (2), (2) (Note) and (2) Tables 320.24–1 to 320.24-3, Table 320.24-4 Heading, and Tables 320.24-5 to 320.24-7 and 320.24-9 to 320.24-13, 321.02 (3) (c) and (3) (d) 1. and 2., 321.03 (1) (c) and (d), (2) (a) to (c) and (6) (d) 5. and (e) 4. and 5., (7) (a) 4., and (8) (b), and (c) 1. and 3., 321.04 (1) (a) 2., (2) (a) 1. and (c) 4. a. and b., (3) (title) to (a) 5., (b) 3. a. and b., (c) (title) to 1. a. and 2. and 3., and (4) (a) 2. and (b), 321.05 (1) (intro.), 321.06, 321.08 Table 321.08, 321.125 (3) (a) 2., 321.16 (1) (a), 321.18 (1) (c) 3. a. and (d) 2. c. and (4), 321.25 Table 321.25–A footnote d, Table 321.25–I (title), and Table 321.25–J (title), 321.27 (4) (d), 321.28 (3) (a) 2., 322.21 (3) (b), 322.31 Table 322.31–4, 322.34 (2) (d), 322.38 (2) (c) 4., 323.04 Table 323.04–A footnote 5, 323.045 (6) (a) and (8) (intro.), and 323.16 (2) (a);
and to create SPS 320.02 (1) (ce), (cm), (cs), and (Notes), 320.07 (36r) and (37m), 320.24 (2) Table 320.24–12, Row 3, 321.02 (3) (d) (Note), (3) (h) 2., and (4) (Note), 321.03 (1) (b) (Note) and (h) 3., (6) (f) and (Note), and (11), 321.04 (3) (b) 1. b. to d. and (c) 1. d., and (4) (d) (title) and 2., 321.045 (4) (c) 2., 321.05 (1m), and (2) (a) 2. and (b) 1. to 3., 321.06 (1) (b) and (3) to (6), 321.08 (3) (c), 321.09 (2) (a) (Note), 321.10 (2) (f) 2., 321.12 (title), (2), and (3), 321.15 (1) (e) 2., 321.16 (2) (d), 321.18 (1) (c) 3. d. and (d) 2. c. (Note), 321.22 (9) (a) (Note) and (b) (Note) and (10) and (Notes), 321.24 (3) (e) and (Note) and (f) and (Note), 321.25 (2m) and (3) (a) (title), 321.25 Table 321.25–I footnote j and Table 321.25–J footnote j, 321.25 (8) (a) (Note) [2], 321.26 (8) (Note), 321.28 (3) (a) 6. and (7) (c) 2., 322.01 (3) (b), 322.32 (1) (b) and (9) (b), 322.33 (1) (b) and (3) (c), 322.38 (1) (b) 2. and (2) (c) 4. (Note) and 5., 322.42 (1m), 323.04 (4) (b) and (Note) [2], 323.045 (5m) and (6) (a) (title), 323.06 (1) (d), (e), and (f), 323.14 (1) (b) and (2) (a) 1., and 325.01 (1) (title) and (2) to (4), relating to one- and two-family dwellings.
Analysis prepared by the Department of Safety and Professional Services.
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ANALYSIS
Statutes interpreted:
Statutory authority:
Explanation of agency authority:
Section 227.11 (2) (a) of the Statutes authorizes the Department to promulgate rules interpreting any statute that is enforced or administered by the Department, if the rule is considered necessary to effectuate the purpose of the statute. Sections 101.63 (intro.) and (1) (intro.) require the Department to adopt rules which establish standards for the construction and inspection of one- and two-family dwellings and components thereof. No set of rules may be adopted that has not taken into account the costs of specific code provisions to home buyers in relationship to the benefits derived from the provisions. Related statute or rule:
Various other statutes and rules promulgated by the Department address construction and inspection of dwellings, public buildings and places of employment.
Plain language analysis:
These rules update and clarify the Uniform Dwelling Code to make it consistent with contemporary construction practices, products, and materials. The rules clear up confusing and ambiguous portions of the code. They clarify language relating to stairs, ramps, and landings, and accessory guards and handrails. These rules also update references to national standards and provide flexibility in meeting exiting requirements. They establish safer standards for dryer exhaust and clarify ceiling height, foundation anchorage, and framing and fastening provisions.
Summary of, and comparison with, existing or proposed federal regulation:
An Internet-based search of the Code of Federal Regulations (CFR) and the Federal Register did not find any federal regulations relating to the rule revisions herein for one- and two-family dwellings.
Comparison with rules in adjacent states:
Illinois:
An Internet-based search did not reveal the existence of a statewide one- and two-family dwelling code. Dwelling regulation appears to be left up to the individual local units of government.
Iowa:
An internet based search revealed that the Iowa Building Code adopts the 2009 International Residential Code and 2009 International Energy Conservation Code. The Iowa Building Code applies statewide to state owned and funded buildings. The accessibility, energy conservation, and minimum plumbing provisions apply to dwellings statewide.
Michigan:
An Internet-based search revealed a mandatory, statewide one- and two-family dwelling code. The Residential Construction Code under the Construction Code Commission’s General Rules, in section 408.305, contains the state amendments to the 2009 International Residential Code (IRC) developed by the International Code Council.
Minnesota:
An Internet-based search revealed a mandatory, statewide one- and two-family dwelling code. The Minnesota Department of Labor and Industry, in Chapter 1309, adopts the 2006 IRC, chapters 2-10 and 43. Chapters 2-10 contain the general construction provisions of the IRC. The state code is being revised effective June 1, 2015 and will adopt the 2015 Minnesota version of the International Residential Code developed by the International Code Council with input from Minnesota. Summary of factual data and analytical methodologies:
The Department received input during numerous meetings with the Dwelling Code Council. The makeup of this Council is established under section 15.407 (10) of the Statutes and consists of members who are appointed by the Governor. The Council includes representatives of several types of small businesses. Through this Council, the Department was able to gather information on the potential impacts of the rule revisions contained herein. Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:
The rule revisions are not expected to significantly impact small business because they would clarify and simplify current requirements rather than impose new restrictions.
Fiscal Estimate and Economic Impact Analysis:
The Fiscal Estimate and Economic Impact Analysis are attached.
Effect on small business:
